Marriage to first cousin
alchemist
(Querist) 06 March 2015
This query is : Resolved
i asked on a online legal service about marriage to first cousin. there are so many laywers who said its illegal and couple should understand about family sentiments & emotions. if someone of your's daugher or son involve in this situation and they choose suicide because you or legal system donot allow them to marry , that time you all want to follow this act ( HINDU MARRIAGE ACT )....or it should be change. laws and traditions are dead things , humans are living things....
this act give a useless fact that marriage to first cousin can be reason for genetical diseases .... ok....if cousin couple donot want to do child, only want to live together, ...
i only want to make you think that this act should be challenge ....not to be follow or applying on innocent couple..
Devajyoti Barman
(Expert) 06 March 2015
You can always challenge any provision of law in the high court on the ground that is unconstitutional.
I may add in this case you are likely meet with failure, for sure.
alexander
(Expert) 06 March 2015
Marriages in SAPINDA relationship and in some cases Sahgotra marriages are not permitted for a simple scientific reason to wit that such marriages in close blood relationships leads or may lead to genetic defects in the children that might be born to them.
As advised by Shri BARMAN ji, you may show the pageant of "your bleeding heart" in a petition to the High Court or even to the SPEAKER OF THE LOK SABHA to sound the Party in Power and the Opposition to amend the Hindu Marriage Act accordingly . Approaching the political bosses would be more effective as the Judiciary can say that they simply apply the laws enacted by the Legislature and at best may interpret these laws keeping the intention of the legislature in mind.
Also do keep in mind that, besides the GENETIC SWORD of Damoccles , in love marriages generally , sooner or later, more of 'sooner 'than later the love disappears and the marriage stays put.
Alexander
nom de plume
P. Venu
(Expert) 06 March 2015
Law always provides for exceptions in genuine situations. Even the provisions of HMA provide that such marriages to be permissible if there are customs prevailing in the community.
In most parts of Southern States such marriages are quite common and there are very little scientific evidence to support the notions as to the harmful effects on the progeny.
alexander
(Expert) 06 March 2015
yes law , in a substantial measure,is but custom codified;. but the custom must originate beyond the living memory and must have continued ever since and amongst other things it must not be against the state policy.
Alexander
nom de plume
ajay sethi
(Expert) 06 March 2015
we are bound to follow provisions of law . marriage between first cousins is prohibited relation ship . you can challenge the provisions of HMA but you wont succeed
Rajendra K Goyal
(Expert) 06 March 2015
Advise is provided in this section is as per law, not on sentiments. May Approach politicians to get these changed.
alchemist
(Querist) 06 March 2015
if there is a chance of genetic diseases so genetic counselling can be done before marriage , or if couple donot want to do child ..
many countries allow first cousin marriages like all european countries , canada , also mant states of USA , our south indian states , ...so all they are fool, who do not know the disadvantages of this marriage.or we are so much advanced ,,
in south india people marry to first cousin , and they are more intellignt over north indians.
satyajit ray , albert eistien , charls darwin, american president roosvelt ,arry to thier cousin . its a natural thing like people are born gay and lesbian. mind can attracted or love anyone naturally.
you all said if i challenge the law there is failure for sure. i feel you are not ready to accept new things or change.
this law sometimes kill humanity..
J K Agrawal
(Expert) 06 March 2015
Humanity?
This word makes us different from other creatures.
Only to maintain this word, we made some rules those are the rules of living life humanly. We imposed some restrictions upon ourselves. We do not go out side the bath room without cloths yet there is no express law prohibiting it.
The word humanity does not give power but rather imposes restrictions so that all the persons want to be governed under this word can live humanly.
Society made rules. It is upon you to regard those or not. No body suffers personally only humanity gets heart.
If you are correct than real brother and sister, or father and daughter or mother and son can marry each other and it is human also as per you because you are free to do any thing you want to do. do you feel so?
Before using word humanity first one should decide to be human.
Marrying with first cousin is not strictly prohibited but almost all the social system takes it as exception. It simply means that it is allowed by the society in rare cases and it is not a thing which should be welcomed.
alchemist
(Querist) 06 March 2015
respected J K AGARWAL sir,
is it ok if couple attempt suicide or killed by parents (honour killing) or going into pathetic life bcz they have to marry other than they love ...bcz rules should be followed , bcz rules are made to live life humanly .
gay or lesbian couple are not a good thing for our so called society. but they are exsit in our society . they are having that kind of nature naturally. if someone love his /her cousin its also a natural phenomemon .
SAINATH DEVALLA
(Expert) 06 March 2015
Dear Mr. Querist,
There are some ethics laid down in our marriage system since times immemorial.Even the various marriage Acts and Laws have laid down some guidelines for marriage. UR entire presentation of UR views in different answers to the Experts is vague in expression.
Sudhir Kumar, Advocate
(Expert) 08 March 2015
"i only want to make you think that this act should be challenge ....not to be follow or applying on innocent couple.. "
Tone of the query is like one senior assigning job to a junior.
you are free to challenge the law. Better think yourself instead of dictating this forum.
alexander
(Expert) 08 March 2015
As you say that your name is alchemist so you may try some of your alchemy on this allegedly '
"base metal' aka Hindu Marriage Act 1956
Alexander
nom de plume
T. Kalaiselvan, Advocate
(Expert) 08 March 2015
Dear Author: just ignore the advises and opinions of all the experts here, none of them have intelligence like you have, hence you are at your liberty to establish your opinion by challenging the said law through court or through any other known or unknown method. Please proceed the way you desire.
alchemist
(Querist) 09 March 2015
dear sudhir sir,
my mean is not to disrespect anyone. the way you feel after read my lines is not my motto.
i want to make you feel exclty what is not good about this act. i am not a boss or your senior, you are very senior to me & i respect that. but the mentality and attitude anyone have thats matter to me.
i donot think that every law is purly correct for anyone. if we made law for humans so it should be change for humans too.
if you didnot get into this situation i asked about, you cannt feel how pathethic this law is for couples.
we all watch romantic movies , listen romantic songs and praise that. we said LOVE IS LIFE or LOVE IS GOD. but when our children want to experience it our ego donot want to allow them.
i am very thankfull for your replies and advices.
regards
ALCHEMIST
SAINATH DEVALLA
(Expert) 09 March 2015
It is better for the experts not to respond further in this query wasting their valuiable time, as the querist is trying to prove adament with his vague answers
Sudhir Kumar, Advocate
(Expert) 09 March 2015
“i want to make you feel exclty what is not good about this act”
WHY YOU SHOULD MAKE US FEEL THE WAY YOU WANT
WHY WE SHOULD START THINKING THE WAY YOU WANT
WHAT IS THE USE IF THE EXPERTS OF THIS FROUM THINK THE WAY YOU WANT
“i donot think that every law is purly correct for anyone”
IF YOU FEEL THAT LAW INCORRECT YOU SHOULD COME TO DELHI AND MEET AND CONVINCE 50% MPs (SEPARATELY FOR BOTH HOUSES) TO PASS AMENDMENT AND ALSO PREVAIL UPON THE Hon’ble President to give assent.
The experts on this forum are doing a charitable work in free time and have no powers to change the law. Better you can convince.
alchemist
(Querist) 09 March 2015
Thank you sir
